Richard A. Mintz, Attorney
State Bar of Texas No. 14198800
17 South Briar Hollow Lane ◦ Suite 404 Telephone: 713-622-8996
Houston, Texas 77027-2812 Telecopier: 713-622-8403
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Re: Duty of Disclosure and related requirements
State and local rules of court require that you completely disclose and file certain
information and documents before hearings. This information is due, generally, within 30
days after the date the other party to this case has filed an answer or generally appeared in
As a party to a suit in which child support or spousal support is in issue, you must
provide, without a formal request to do so, a financial information statement (see the
court-promulgated form annexed). This must be prepared, submitted, and exchanged
prior to any hearing for temporary or final orders in all cases and must be accompanied by
your previous two years income tax returns and two most recent payroll check stubs, or, if
no payroll check stubs are available, your latest Form W-2.
In addition, you must provide all policies, statements, and description of benefits that
reflect any and all medical and health insurance coverage that is or would be available for
the child or for your spouse.
As a party to a suit for divorce or annulment, you must also produce, without a formal
request, all documents pertaining to real estate; all documents pertaining to any pension,
retirement, profit-sharing, or other employee benefit plan, together with the most recent
account statement for any plan; all documents pertaining to any life, casualty, liability,
and health insurance; and the most recent account statement pertaining to any account
located with any financial institution including, but not limited to, banks, savings &
loans, credit unions, and brokerage firms.
In divorce cases, the court requires an inventory (see the sample inventory) when
property division is contested. List the fair market value for each item of property and
each liability (the total amount, the amount of each payment and its periodicity, the
number of payments in arrears, if any, the property securing payment thereof, and the
name of the creditor). List any property claimed as separate property. All benefits in
insurance as well as employment benefits such as pensions, profit sharing plans, savings
or thrift plans (vested or otherwise) should be included. Provide the most recently
published information regarding the employee’s rights and interests in such programs,
including any pre-approved qualified domestic relations orders for the division and award
of it. Use columnar form and total each column. Show the net worth of the community
and any separate property estate. Include a proposed division of the property and
liabilities and show which party is presently in possession and/or control of each item.
LEVEL 2 DISCOVERY IS APPLICABLE IN THIS CASE AND SHALL BE
CONDUCTED IN ACCORDANCE WITH RULE 190.3, TEXAS RULES OF CIVIL
PROCEDURE, AS AMENDED AND EFFECTIVE, IN CONJUNCTION WITH RULE 4
DISCLOSURE, RULES OF THE JUDICIAL DISTRICT COURTS OF HARRIS
COUNTY, TEXAS FAMILY TRIAL DIVISION, AS AMENDED AND EFFECTIVE.
YOU ARE THUS REQUIRED TO PROVIDE FOR INSPECTION AND COPYING
THE FOLLOWING INFORMATION IN YOUR “POSSESSION, CUSTODY, OR
CONTROL” AS THAT PHRASE IS DEFINED BY RULE 166b (2) (b) OF THE TEXAS
RULES OF CIVIL PROCEDURE (TRCP):
1) all documents pertaining to real estate;
2) all documents pertaining to any pension, retirement, profit-sharing, or other
employee benefit plan, together with the most recent account statement for any
3) all documents pertaining to any life, casualty, liability, and health insurance;
4) the most recent account statement pertaining top any funds or securities deposited
with any financial institution including, but not limited to, banks, savings & loans,
credit unions, and brokerage firms;
5) an inventory of all property (See Local Rule 4.3);
6) all policies, statements, and description of benefits which reflect any and all
medical and health insurance coverage that is or would be available for the subject
child or spouse;
7) a financial information statement (See Local Rule 4.2) for the party together with
that party’s previous two years income tax returns and two most recent payroll
check stubs, or, if no payroll check stubs are available, the party’s latest Form W-
ALL WITHIN 30 DAYS FROM THE DATE THAT THE RESPONDENT FILES
HIS/HER FIRST PLEADING OR MAKES A GENERAL APPEARANCE IN THE